Dauphin Island Property Owners Association v. Rodney G. Englund, Dyann K. Englund, and Georgetown Contractors, LLC

Summary

The Supreme Court of Alabama reversed the permanent injunction requiring the Englunds to remove portions of their house and rendered judgment for the Englunds and Georgetown. Although the restrictive covenants were unambiguous and had been breached, the defendants could invoke the relative-hardship defense because their conduct did not constitute morally reprehensible, willful misconduct, and the harm of enforcement was considerably disproportionate to the benefits shown. The DIPOA's attorney-fee cross-appeal was dismissed as moot.